Small Claims Courts Act, 1984 (Act No. 61 of 1984)Chapter II : Presiding Officers and Officers of the Court9. Appointment of commissioners |
(1)
| (a) | Subject to the provisions of this section, the Minister or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint one or more commissioners for any court. |
[Subsection (1)(a) substituted by section 4 of Act No. 26 of 1999]
| (b) | An officer in the employ of the State shall not be appointed as a commissioner. |
(
| (1A) | A magistrate who establishes a court in terms of section 2(2), may, subject to the provisions of this section, appoint a commissioner for such a court. |
[Subsection (1A) inserted by section 5(b) of Act No. 92 of 1986]
| (2) | No person shall be appointed as a commissioner unless he is qualified— |
| (a) | to be admitted to practise as an advocate under the Admission of Advocates Act, 1964 (Act No. 67 of 1964); or |
| (b) | to be admitted to practise as an attorney under the Attorneys Act, 1979 ( Act No. 53 of 1979 ); or |
| (c) | to be appointed as a magistrate under the Magistrates' Courts Act, 1944 ( Act No. 32 of 1944 ) read with section 10 of the Magistrates Act, 1993 ( Act No. 90 of 1993), |
[Subsection (2)(c) substituted by section 4 of Act No. 18 of 1996]
and for an uninterrupted period of at least five years practised as an advocate or attorney or occupied the post of magistrate, or for that period was involved in the tuition of law and also practised as an advocate or attorney for such period as, in the opinion of the Minister, makes him suitable for appointment as a commissioner, or possesses such other experience as, in the opinion of the Minister, renders him suitable for appointment as a commissioner.
[Subsection (2) substituted by section 1(a) of Act No. 63 of 1989]
| (3) | A commissioner shall hold office during the Minister's pleasure. |
[Subsection (3) substituted by section 1(b) of Act No. 63 of 1989]
| (4) | A commissioner may resign by notice in writing to the Minister. |
| (5) | The Minister may at any time withdraw the appointment of a commissioner if in his opinion there is sufficient reason for doing so. |
| (6) | A person appointed under subsection (1) or subsection (1A) shall, before commencing with his functions as a commissioner, take an oath or make an affirmation subscribed by him in the form set out below: |
I, A.B., do hereby swear/solemnly and sincerely affirm and declare that whenever I may be called upon to perform the functions of a commissioner in any court I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of a particular case may require, in accordance with the law and customs of the Republic of South Africa.
[Subsection (6) substituted by section 5(c) of Act No. 92 of 1986]
| (7) | Such an oath or affirmation shall be taken or made in open court before the most senior available magistrate of the district in which the seat of the court concerned is situated, and he shall at the foot thereof make a note to the effect that it was taken or made before him, and of the date on which it was so taken or made, and append his signature thereto. |
[Subsection (7) substituted by section 5(d) of Act No. 92 of 1986]